While domestic recruitment remains the primary focus for most schools, in an environment of high competition for skilled staff, and schools looking to give their students the benefit of a world class education, skilled migration can offer solutions where local supply is limited.
When approached strategically, migration pathways can help schools access international talent, improve retention, and support longer-term workforce stability.
However, many schools are understandably daunted and deterred from exploring skilled migration by the prospect of navigating the compliance complexity of migration law, regulatory requirements and ongoing compliance obligations.
Migration pathways are governed by detailed legislative requirements, strict eligibility criteria and ongoing compliance obligations, which can feel overwhelming for education providers whose primary focus is delivering high-quality education.
In addition to migration law, schools must also navigate intersecting requirements such as teacher registration, skills assessments and employment law considerations.
Lavan has a comprehensive understanding of schools and the unique challenges they face in managing staff and resourcing needs. By providing specialist advice across both employment and migration law, we offer a holistic approach to recruiting skilled overseas talent.
We can also assist schools to provide overseas opportunities for staff to both enhance their skills and contacts to bring back to their employer, as well as incentivise and reward top performers.
Outlined below are practical considerations for schools contemplating the recruitment of skilled overseas staff, or setting up exchange programs for existing employees.
When skilled migration may be appropriate to consider
Naturally, schools seek to provide their students with access to high-quality educators and support staff. However, in a highly competitive employment market, attracting and retaining skilled educators and professionals has become more challenging, particularly in specialist subject areas and non-teaching roles.
For schools, skilled migration may be appropriate where:
- Recruitment efforts for roles have been unsuccessful;
- There are ongoing shortages in specialist subject areas;
- The school relies heavily on short-term or relief staff;
- Continuity of teaching and curriculum delivery is a priority;
- Schools recognise the benefit to staff of an international exchange, and
- Schools want their students to have the benefit of international perspectives.
Beyond addressing shortages, accessing international talent can enhance school culture, diversify teaching approaches, and strengthen global engagement.
What occupations can be accessed?
Teachers, particularly secondary school teachers, those in regional and remote communities, specialist subject area teachers such as science, technology, engineering and maths (STEM), and languages teachers are all in high demand across WA.
Under the WA State nomination program, most teaching occupations are considered “priority occupations”, which means they receive prioritised invitations under the program.
However, skilled migration is not just limited to educators. A broad range of occupations can be accessed through skilled migration, including non-teaching and specialised roles such as IT-related roles, counsellors, psychologists, nurses, and speech pathologists.
Each skilled visa program has an associated occupation list. If an occupation is included, it may be accessed to address skills shortages faced by schools
Available migration pathways
Australian migration law provides several pathways that may be available to schools seeking to recruit overseas staff or retain existing overseas staff. These pathways vary in duration, eligibility requirements, and compliance obligations, and may include both temporary and permanent options.
The most common visa programs include:
- Employer-sponsored visa programs (such as the Skills in Demand visa or Employer Nominated Scheme visa);
- Independent points-tested visa options (such as the Skilled Independent visa); and
- State nominated point-tested visa options (such as the State nominated visa or Skilled Work Regional visa).
Additionally, there is a visa program to support a skilled reciprocal staff exchange arrangements between Australian schools and an overseas school, promoting international understanding and cooperation. This is an excellent incentive for valued staff that can both improve their subject matter expertise to bring back to their classroom or workplace and increase their loyalty and retention.
Employer-sponsored visa programs involve obligations for schools as employers or sponsors, including record-keeping, reporting, and ensuring that employment terms meet legislative requirements. Understanding these obligations upfront is critical to deciding whether to seek the benefit of the programs.
Teacher registration and skills assessments
In the case of teaching roles, one of the most common challenges for schools is the interaction between migration requirements and teacher registration processes.
Migration eligibility does not automatically mean a teacher will be eligible for registration, and vice versa. Delays often arise where these processes are treated separately, rather than considered together.
Overseas-trained teachers are required to meet registration requirements set by the relevant Australian teacher regulatory authority of the State they are teaching. In WA, the relevant authority is the Teacher Registration Board of WA (TRBWA).
Where possible, registration should be obtained prior to the visa application being made.
Additionally, depending on the visa being applied for, teachers may also need to obtain a positive skills assessment from the Australian Institute for Teaching and School Leadership Ltd (AITSL).
Non-teaching employees may also need to obtain a positive skills assessment from the relevant skills assessing body for their nominated occupation, depending on the visa program they are applying under.
A skills assessment is a migration requirement for most permanent and provisional visas and generally needs to be obtained before a visa application can be made.
For schools, this means that offers of employment should ideally be made with an understanding of both migration and registration pathways, and with realistic timelines in mind. Early advice can help identify potential barriers before commitments are made.
Retention and long-term workforce planning
Beyond initial recruitment, migration pathways can also support staff retention and workforce stability. Where overseas skilled staff hold temporary visas, it is important to assess longer- term pathways towards permanent residency at the outset to minimise delay, costs and potentially complications.
From a school’s perspective, planned progression from a temporary to a permanent visa can:
- Reduce turnover and repeat recruitment costs;
- Improve continuity for students and departments;
- Enhance loyalty and commitment from the staff member, and
- Support succession and curriculum planning across multiple school years.
Retention strategies may also include structured overseas exchange opportunities and carefully drafted employment agreements that support both professional development and workforce stability. For example, return-of-service obligations for staff on overseas exchanges can be utilised to balance investment in overseas opportunities with continuity for students and schools.
Final thoughts
For schools experiencing skill shortages, seeking to tap into the best the world can offer, or incentivising or rewarding staff, skilled migration may assist in alleviating staffing pressures and add to their reputation and enrolments. Noting that Australian migration is a complex and highly regulated process it will require careful planning and a clear understanding of employer obligations.
Early consideration of migration options allows schools to make informed decisions before offers are made to overseas candidates and before critical timelines, such as the start of the academic year, are impacted. When approached holistically, skilled migration can be a practical and effective workforce planning tool for education providers.
Disclaimer
The information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.
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